Senate Chamber, Carson City, March 17, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 18, 90, 166.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 9, 37, 53.
- Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate broadcasting facilities: Ande Engleman, THE NEVADA FILES; and Lorna McDaniel, THE RECORD COURIER.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Neighbors:
Assembly Bill No. 283--An Act relating to state financial administration; revising the provisions governing the distribution of revenue received by the state from the lease of federal land; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.
Motion carried.
By the Committee on Commerce:
Assembly Bill No. 284--An Act relating to private investigation; clarifying that a license issued by the private investigator's licensing board is a revocable privilege; providing immunity from civil liability under certain circumstances for members, employees or agents of the board and witnesses testifying before the board; requiring the sheriff in certain counties to submit the fingerprints of certain applicants for work cards to certain state and federal agencies to determine the criminal history of the applicants; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
By the Committee on Commerce:
Assembly Bill No. 285--An Act relating to the state board of professional engineers and land surveyors; revising the provisions governing the distribution by the board of the roster of registered professional engineers, land surveyors and interns; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
By the Committee on Commerce:
Assembly Bill No. 286--An Act relating to homeopathic medicine; making various changes to provisions governing homeopathic medicine; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 287--An Act relating to counties; requiring a board of county commissioners to provide a property owner with notice, a hearing and an appeal before recovering expenses incurred by the county for the abatement of certain conditions on the property; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 288--An Act relating to state personnel; limiting the use of independent contractors by state agencies; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 289--An Act relating to public records; requiring a governmental entity to make certain public records in its custody available to a person to inspect, copy or prepare an abstract or memorandum therefrom in certain circumstances; requiring a governmental entity to establish and maintain a roster of employees; requiring a governmental entity to ensure that the purchase of certain equipment will not impair or impede the ability of the entity to make public records available; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 290--An Act relating to liens of hospitals; creating a lien upon certain insurance coverage; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 9.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 18.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 37.
Assemblyman Perkins moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 53.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 90.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 166.
Assemblyman Perkins moved that the bill be referred to the Committee on Labor and Management.
Motion carried.
Assemblyman Goldwater moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:26 a.m.
ASSEMBLY IN SESSION
At 11:29 a.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Infrastructure:
Assembly Bill No. 291--An Act relating to taxation; imposing sales and use taxes for water and wastewater facilities in certain larger counties; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Infrastructure.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 80.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 76.
Amend section 1, page 1, lines 10 and 11, by deleting:
"subsection and subsection 4," and inserting "subsection,".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 84.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 72.
Amend sec. 3, page 2, by deleting line 11 and inserting:
"a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484.219.
The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.".
Amend sec. 6, page 3, by deleting lines 30 through 33 and inserting:
"(d) Was injured or killed while serving a sentence of imprisonment in a prison or jail;
(e) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to chapter 62 of NRS; or
(f) Fails to cooperate with law enforcement agencies. Such cooperation".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 97.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 77.
Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1 Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
There is no limitation of the time within which a prosecution for sexual assault must be commenced. Such a prosecution may be commenced at any time after the sexual assault was committed.".
Amend section 1, page 1, by deleting lines 7 through 9 and inserting:
"2. Any [other] felony other than murder, theft, robbery, burglary,".
Amend the bill as a whole by adding new sections designated sections 3 through 5, following section 1, to read as follows:
"Sec. 3. NRS 171.095 is hereby amended to read as follows:
171.095 1. Except as otherwise provided in subsection 2:
(a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense unless a longer period is allowed by paragraph (b).
(b) An indictment must be found, or an information or complaint filed, for any offense, constituting sexual abuse of a child, as defined in NRS 432B.100, except sexual assault pursuant to NRS 200.366, before the victim of the sexual abuse is:
(1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or
(2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.
2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
Sec. 4. The provisions of this act apply to a person who committed a sexual assault before the effective date of this act if the applicable statute of limitations has commenced but has not yet expired on the effective date of this act.
Sec. 5. This act becomes effective upon passage and approval.".
Amend the title of the bill, first line, by deleting "increasing" and inserting "eliminating".
Amend the summary of the bill, first line, by deleting "Increases" and inserting "Eliminates".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 104.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 75.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Amend sec. 3, page 1, line 7, by deleting "three".
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 and 6 as sections 3 and 4.
Amend sec. 6, page 2, line 4, by deleting:
"3 to 5, inclusive," and inserting:
"2 and 3".
Amend sec. 6, page 2, by deleting line 7.
Amend the title of the bill by deleting the second and third lines and inserting:
"district; and providing other matters properly relating thereto.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Assemblyman Anderson requested that his remarks be entered in the Journal.
For the knowledge of the members, the committee has further requested that a second bill draft be requested, so a similar bill will come forward dealing with the family court judges in a separate issue so that it more properly can be addressed on its own merits.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 84 be re-referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 224.
Bill read second time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 83.
Amend section 1, page 2, line 7, by deleting "provide for" and inserting:
"provide:
(a) That any proportional matching funding that is required of the state to receive related federal assistance be paid from the fund; and
(b) For".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblymen Giunchigliani and Evans.
Amendment lost.
Bill ordered to third reading.
Senate Bill No. 17.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 73.
Amend section 1, page 1, line 10, by deleting "The" and inserting:
"2. The".
Amend section 1, page 1, line 11, by deleting "subsection" and inserting "section".
Amend section 1, pages 1 and 2, by deleting lines 12 through 15 on page 1 and lines 1 through 3 on page 2.
Amend sec. 3, page 2, line 41, by deleting "Six" and inserting "[Six] Four".
Amend sec. 3, page 3, line 28, by deleting "prosecution" and inserting "law".
Amend sec. 4, page 4, line 27, by deleting "40" and inserting:
"not less than 16".
Amend sec. 4, page 4, line 29, by deleting "40" and inserting:
"not less than 16".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 17 be re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Perkins moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 224 considered engrossed, declared an emergency measure under the Constitution and placed at the top of the General File.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 224.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 224:
Yeas -- 40.
Nays -- None.
Excused -- Carpenter, Close--2.
Assembly Bill No. 224 having received a constitutional majority, Mr. Speaker declared it passed.
Assemblyman Perkins moved that all rules be suspended and that Assembly Bill No. 224 be immediately transmitted to the Senate.
Motion carried unanimously.
Assembly Bill No. 237.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Assembly Bill No. 237:
Yeas -- 40.
Nays -- None.
Excused -- Carpenter, Close--2.
Assembly Bill No. 237 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 14 of the 68th Session.
Resolution read third time.
Remarks by Assemblymen Giunchigliani and Price.
Roll call on Assembly Joint Resolution No. 14:
Yeas -- 40.
Nays -- None.
Excused -- Carpenter, Close--2.
Assembly Joint Resolution No. 14 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 48.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 48:
Yeas -- 40.
Nays -- None.
Excused -- Carpenter, Close--2.
Senate Bill No. 48 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Arberry moved that the vote whereby Assembly Bill No. 277 was referred to Committee on Ways and Means be rescinded.
Motion carried.
Assemblyman Arberry moved that Assembly Bill No. 277 be referred to the Concurrent Committees on Education and Ways and Means.